Registered Will vs Unregistered Will
Registered Will vs Unregistered Will
1. Meaning of a Will
A Will is a voluntary declaration made by a person (testator) of how their property should be distributed after death.
Testator: Person making the Will.
Beneficiary / Legatee / Devisee: Person(s) receiving property under the Will.
2. Registration of a Will
Registration of a Will is done under the Indian Registration Act, 1908, but it is not compulsory.
A Will can be registered or unregistered.
The main purpose of registration: provides proof of execution and reduces disputes.
3. Registered Will
Definition:
A registered Will is a Will that has been recorded and registered with the Sub-Registrar under the Registration Act.
Features:
Optional but legal — Registration is not mandatory.
Proof of execution — Acts as conclusive evidence in courts.
Preservation — Keeps the Will safe in government custody.
Public notice — Registered Wills can be searched in the registrar’s office.
Legal Effect:
Courts treat a registered Will as prima facie valid.
Presumption of authenticity, signature, and execution under Section 67 of the Registration Act.
Case Law:
K.K. Verma v. K.K. Verma (1973 SC): A registered Will is given higher evidentiary value, but registration does not affect the validity of a properly executed unregistered Will.
G.R. Lakshminarayana v. State of Karnataka (1997): Court emphasized that registration provides safe custody and public notice, reducing disputes among heirs.
4. Unregistered Will
Definition:
An unregistered Will is a Will that is executed by the testator but not registered.
Features:
Valid under law even if unregistered.
Requires proof of signature and execution in court if challenged.
Can be handwritten, typed, or printed — must comply with the Indian Succession Act, 1925 (Sec. 63–68 for execution and attestation).
Can be revoked or altered by the testator anytime before death.
Legal Effect:
Courts accept an unregistered Will as valid if:
It is signed by the testator, and
Attested by two witnesses (Sec. 63, Indian Succession Act).
Burden of proof is on the person producing the Will.
Case Law:
Ramji v. Sulochana (1965): Court held that an unregistered Will is valid if duly executed and attested.
K.K. Verma v. K.K. Verma (1973 SC): Even unregistered Wills are valid and enforceable, though registration provides additional proof.
5. Differences Between Registered and Unregistered Will
| Aspect | Registered Will | Unregistered Will |
|---|---|---|
| Legal Requirement | Optional | Optional |
| Evidence | Presumed genuine; strong evidence of execution | Requires proof in court (signature, attestation) |
| Custody | Safe in Registrar’s office | Usually with testator or family |
| Public Knowledge | Can be searched in Registrar’s office | Private; not publicly searchable |
| Disputes | Lesser chance due to official record | Higher chance of disputes; risk of tampering |
| Validity | Valid if executed properly | Valid if executed properly and attested by 2 witnesses |
| Presumption | Conclusive evidence under Section 67, Registration Act | No presumption; must prove execution in court |
6. Advantages of Registration
Proof of Execution: Easier to prove in court; reduces fraud allegations.
Safe Custody: Prevents loss, destruction, or tampering.
Public Record: Provides legal recognition; anyone can search record after death of testator.
Dispute Reduction: Reduces litigation among heirs.
7. Advantages of Unregistered Will
Cost-effective: No registration fees.
Privacy: Remains in personal custody; not publicly searchable.
Easy to Modify: Testator can alter, cancel, or revoke easily.
8. Illustrative Example (Exam Use)
Fact:
Mr. A executed a Will leaving property to his son. He registered it. Later, a new Will was handwritten but unregistered.
Analysis:
Registered Will is strong evidence of A’s intention.
Unregistered Will is also valid if attested by 2 witnesses.
Court may examine both Wills; later Will can revoke the earlier Will if properly executed.
Case Reference: K.K. Verma v. K.K. Verma (1973 SC) — Later properly executed Will can prevail, registration notwithstanding.
9. Conclusion (Exam Ready)
Registration is optional under Indian law; both registered and unregistered Wills are valid if executed according to law.
Registered Wills provide stronger evidence, safe custody, and reduce disputes.
Unregistered Wills are valid but require proof in court and carry a higher risk of dispute.
Courts treat both as legally enforceable provided the execution, attestation, and testator’s capacity comply with the Indian Succession Act.
Key cases: K.K. Verma v. K.K. Verma (1973), Ramji v. Sulochana (1965), G.R. Lakshminarayana v. State of Karnataka (1997).
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